This email is being sent to the Governing Body for the City of Overland Park as well as Mr. Charles Hunter, Chairman of the City Planning Commission. I have also copied the members of the Regency by the Lake Homes Association Board of Directors.

I am the President of the Regency by the Lakes Homes Association and I am writing to you on behalf of the 250 homes in our development. I would like this letter to be included in the Public Comment on the proposed 151st Corridor Design Concept Plan (151st Plan).

First, I would like to applaud the efforts of the City of Overland Park Governing Body for its proactive effort in preserving the historic Stanley section and commissioning a study to include the 151st Plan into the Overland Park Master Plan. The 151st Plan offers a set of principles that will guide future development and redevelopment in the area - something that has not previously been done (to my knowledge) in Overland Park.

As you may know, Regency by the Lake (RBL) has two areas that are not currently development-locked. One of these areas is located at 151st and Lamar. According to documentation on the OPKansas.org website, two uses are currently being considered for the 4 corners of 151st and Lamar.

The RBL Homes Association has learned from Mr. Greg Musil and Mark Neighbors (attorney and developer, respectively) that they support a mixed-use option, Option #1 of the 151st Plan. Option #1 would allow Mr. Neighbors to develop the area with small businesses and residential flats. Without more detail on the types of commercial uses that would be allowed to abut our neighborhood and the increase of traffic through the neighborhood, RBL would oppose Option #1. We would prefer Option #2 - townhomes - as this option is consistent with the current land uses and would not result in a huge increase of traffic through RBL and Lionsgate.

The second area of land that we are concerned with is the land that is North of what the City refers to as "Area D" in the 151st Plan, approximately 149th Street to Edgewater on Metcalf and the land across Metcalf in the same area. We feel strongly that the areas North and West of "Area D" should be included in the 151st Plan for the following reasons:

1. This area is part of old Stanley and, in fact, includes Stanley Bible Church, which is an original part of Stanley. Including this area into the 151st Plan is in the spirit of Resolution No. 1896, adopted by the City in June 1985, which states that the City wishes to "recognize the character and individuality of the Stanley and Morse communities and preserve the historical significance of these communities as future development occurs."

2. The 21 acres North of "Area D" was not, at the time the 151st Plan was developed, sold to any buyer nor were plans on file to develop it. The seven acres that the old Joe's Barn sits on has recently been sold to Bill Oades, owner of the Goodyear store at 119th and Metcalf. Bob Balderston, owner of Extreme Ford and the Payless site at 135th Street and 69 Highway, is currently in negotiations to purchase the 14 acres north of the Barn.

3. Neither Bill Oades nor Bob Balderston have filed plans with the City regarding their development of these parcels and, therefore, the City could, and absolutely has the right to, include these parcels in the 151st Plan. This would assist in preserving the "Old Stanley" area by requiring these developers to abide by the new 151st Plan.

4. The argument from the Planning Staff that the land North of "Area D" was excluded because the Staff felt that "there were few obstacles to development" is subjective at best. The areas depicted as "Area A" and "Area F" are fairly large, yet the City feels compelled to "plan" those parcels.

5. Planning Staff also argues that the area North of "Area D" is too far away from the intersection of 151st and Metcalf. However, Planning Staff does not consider that the areas North and West of "Area D" are no farther away from the intersection of 151st and Metcalf than "Areas E and F" (approx. ½ mile). We believe that these parcels will have a tremendous impact on the "look and feel" of Old Stanley.

6. Including the areas North and West of "Area D" into the 151st Plan would afford the Council a degree of input and control over future development and redevelopment in the area. This is important because planned development that fits within the acceptable uses of zoned property today might never come before the Council for approval unless the landowner requests a rezoning. The ability to control the development through standards similar to those set forth in the 151st Plan will prevent issues in the future similar to the planned Wal-Mart at 159th and Metcalf being fought over by the City, developers and residents.

The following proposed development by Messrs. Oades and Balderston highlights the potential negative impact of not including the Areas North and West of "Area D" into the 151st Plan could have on homeowners in the area. I would like to caution that this plan has not yet been filed with the City formally, but it was shared with the Planning Staff and RBL representatives informally in mid-January. To date, this concept is still being considered according to discussions with Bill Oades and Greg Musil, attorney for Bob Balderston.

The proposed South Edgewater Development would abut our property - RBL - where the Stanley Bait Shack and Manny's restaurant now sit. RBL is located north of 151st and immediately east of the Stanley Bait Shack/Manny's restaurant building.

This proposed development was brought to our attention in early January at a meeting with the representatives of the developers, including Greg Musil. During the meeting, the representatives showed detailed architectural drawings depicting (among other things) a 15,000 square foot collision center/auto body shop that would service 3 Ford dealerships, be open to the public and would be placed 30 feet from some of our residents' back yards.

In addition to this collision center/auto body shop sitting immediately behind the homes in our development, the area adjacent to the collision center/auto body shop would serve as "overflow" for new cars for the Extreme Ford dealership. As you know, this dealership will soon be located in the old Payless Cashways on 135th street near Metcalf.

The neighbors of RBL and Lionsgate have serious concerns about the potential environmental impact of having "South Johnson County's largest auto body shop" in our backyards. The emissions from the body shop would impact the roughly 9% asthmatics at the Lakewood elementary school (not to mention those students in the new Lakewood Middle School), which are located a mere 300 yards away from the proposed site. Moreover, we are also concerned about our children playing in their backyards, which in some cases will be 30 feet from this facility. Finally, we are concerned with the negative impact this facility will have on the value of the homes in RBL.

In a meeting with Roger Peterson and Bob Lindeblad a few weeks ago, we were told that because the property is believed to be zoned CP3-J(See Note below), the Planning Staff would have no recourse but to allow this type of development because this is an "acceptable use" given the current zoning. Also, if there is no need to rezone the property adjacent to this for Extreme Ford's new car "overflow", then this proposed development would NEVER come before the City Council.

Including this area - the areas North and West of "Area D" - in the 151st Plan would give the Council the discretion to use the principles outlined in the 151st Plan as guidelines for approving future development and redevelopment.

Thank you for your time and consideration.

Rick Hinds
President
Regency by the Lake Homes Association

Note: Notice that I use the words "believed to be zoned." I do so because through my research on this issue over the past four months, I have come to learn that the 14 acres that Mr. Balderston will purchase in the next month or so was listed as CP1-J after Overland Park's annexation of Stanley. In fact, documents, including City Council minutes and Planning Staff Comments, provided to us by the City show that the 14 acres was listed as CP1-J at the time our subdivision was rezoned to R1 and R1-A - in 1996 - ten years after the annexation.

Moreover, I have been informed that there is no such creature as CP1-J, CP2-J or CP3-J - that the City of Overland Park created these codes in an effort to assign comparable zoning after the annexation of Stanley. You may recall that the annexation resolution calls for the land in Stanley to retain its original zoning - therefore, the land should really have a PRB number assigned to it. I also understand that the PRB codes do not conform to the Overland Park City zoning codes.